Federal Forfeiture

Federal forfeiture allows the government to seize cash, vehicles, real estate, and other property that it alleges is connected to a federal crime — often without ever securing a criminal conviction. If federal agents have seized your property in connection with a drug, fraud, or other federal investigation, you have the right to challenge that seizure, and an experienced federal defense attorney can help you fight to get your property back.

What Is Federal Forfeiture?

Forfeiture is the process by which the federal government takes legal ownership of property it claims is connected to criminal activity — either because the property is the proceeds of a crime, was used to facilitate a crime, or is itself contraband. Forfeiture cases move on a separate legal track from any related criminal case, which means it is possible for the government to keep seized property even if criminal charges are never filed, reduced, or dismissed.

Civil vs. Criminal Forfeiture

• Civil forfeiture is a legal action brought against the property itself, rather than against a person (hence case names like United States v. $45,000 in U.S. Currency). The government only has to show that the property is more likely than not connected to criminal activity, a lower burden of proof than in a criminal case, and the property owner is not required to be charged with — let alone convicted of — a crime.

• Criminal forfeiture, authorized under statutes such as 21 U.S. Code § 853 (for drug offenses) and 18 U.S. Code § 981 and § 982 (for a broad range of federal offenses, including fraud and money laundering), is part of the sentence imposed after a defendant is convicted of the underlying federal crime, and is decided by the same judge or jury hearing the criminal case.

The Forfeiture Process

After property is seized, the seizing agency (often the DEA, FBI, or ATF) typically sends a written notice of the seizure to anyone with a known interest in the property. From there, an owner generally has a limited window — often 30 to 60 days — to file a claim contesting the forfeiture. Under the Civil Asset Forfeiture Reform Act (CAFRA), once a claim is filed, the government must either return the property, initiate a civil judicial forfeiture proceeding, or seek a criminal indictment that includes forfeiture allegations. Missing the claim deadline can result in the property being administratively forfeited without ever going before a judge, which is why prompt legal advice after a seizure is critical.

Common Property Subject to Federal Forfeiture

• Cash and bank account funds alleged to be drug proceeds or fraud proceeds

• Vehicles, boats, or aircraft allegedly used to facilitate a federal crime

• Real property allegedly purchased with proceeds of criminal activity

• Firearms and other contraband seized during a federal investigation

• Business assets and equipment tied to an alleged fraud or racketeering scheme

Defending Against Forfeiture

An experienced defense attorney can raise several defenses to a federal forfeiture action, including asserting an innocent owner defense (you did not know about, or did not consent to, the property’s connection to alleged criminal activity), challenging the legality of the search or seizure that led to the property being taken, disputing the government’s evidence connecting the specific property to the alleged crime, or negotiating the return of property — or a portion of its value — that has no real connection to the underlying offense.

Why the CAFRA Deadlines Matter

Because civil forfeiture claims move on their own procedural timeline, separate from any criminal case, it is possible to lose the right to contest a seizure entirely simply by missing a filing deadline — regardless of the merits of the underlying criminal allegations. Acting quickly after a seizure notice arrives preserves options that disappear once the deadline passes.

Consult Our Federal Defense Attorneys

If the federal government has seized your property or notified you of a pending forfeiture action, contact Federal Criminal Defense Lawyers today to schedule a free, confidential consultation with one of our attorneys.